Personal Protective Equipment and Policy Statement on the Family Educational Rights and Privacy Act of 1974, as Amended: Difference between pages

From Appalachian State University Policy Manual
(Difference between pages)
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Policy 303.4
Policy 105.3
== Introduction ==
== Introduction ==
Appalachian State University endorses and seeks to comply with all provisions of the "Family Educational Rights and Privacy Act of 1974," as amended, and all pertinent regulations. The purpose of this legislation was and is to afford students certain rights with regard to their respective education records. In essence, these rights are: (1) the right to inspect and review education records, (2) the opportunity to challenge the contents of education records, and (3) the right to exercise some control over the disclosure of information from education records. The intent of this policy statement is to explain, in detail, the conditions and procedures under which the University will implement the law.


=== Occupational Safety and Health Act ===
== Scope ==
1.1.1 The Occupational Safety and Health Act of North Carolina (OSHANC) requires that public employers, including State agencies, "[a]cquire, maintain, and require the use of safety equipment, personal protective equipment, and devices reasonably necessary to protect employees." As mandated by OSHANC, the State has adopted "occupational safety and health standards promulgated under the federal act," including those applicable to personal protective equipment ("PPE"). The applicable federal regulation requires that the employer provide (and that employees use):


1.1.2 Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, ... wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.


=== Hazard Assessment and Equipment Selection ===
== Definitions  ==


1.2.1 North Carolina OSHA (NCOSHA) requires that an assessment of the workplace to determine if hazards are present, or likely to be present, that will necessitate the use of Personal Protective Equipment (PPE). It is the responsibility of each area or department supervisor to perform a hazard assessment of the work site. If such hazards are present, or likely to be present, supervisors will:
=== Student ===
#Select and have each affected employee use the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment.
Any person who as an undergraduate or graduate student (1) is currently attending the University, or (2) has attended the University. (An exception: under common law, the privacy rights of an individual cease with the death of that individual.)
#Communicate selection decisions to each employee; and
#Select PPE that properly fits each affected employee.


1.2.2 Supervisors will verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated, the person certifying that the evaluation has been performed, the dates of the hazard assessment and signatures certifying the completion of the hazard assessment. Contact the Occupational Safety and Health Office at Extension 4007 for additional information.
=== Education Records ===
Any record (in handwriting, print, tapes, film, computer, or other medium) maintained by Appalachian State University and which personally identifies a student, except :


1.2.3 At no time shall defective or damaged PPE be used.
==== A personal record kept by a University employee if it is kept in the sole possession of the maker of the record and is not accessible by or revealed to any other person except a temporary substitute for the maker of the record. ====
==== Records created and maintained by Appalachian State University's Office of Public Safety/University Police solely for law enforcement purposes. ====
==== An employment record of an individual whose employment is not contingent upon the fact that he or she is a student, provided that the record is used only in relation to the individual's employment. ====
==== Records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional when that person is acting in his or her professional or paraprofessional capacity, and if the records are used solely for treatment of the student and made available only to those persons providing the treatment. ====
==== Records which contain information about a student after he or she is no longer in attendance at Appalachian State University and which do not relate to the person as a student. ====


== Scope ==
== Policy and Procedure Statements  ==


=== Notification of Student Rights Under FERPA ===


== Definitions  ==
Students at Appalachian State University are notified of their FERPA rights, as follows:


== Policy and Procedure Statements  ==
==== An abstract of the student's rights under FERPA is found in Appalachian State University's General Bulletin and Graduate Bulletin. ====
==== An abstract of the student's rights under FERPA is found in the Schedule of Classes published by Appalachian State University and distributed prior to and during each academic term. (This notice shall include statements required under U. S. Department of Education regulations found at 34 C.F.R. 99.7.)====
==== An abstract of the student's rights under FERPA is found in The Appalachian State University Student Handbook of Rights and Responsibilities (revised and published annually). ====
==== A complete statement of the University policy regarding FERPA is found in and can be obtained from the Registrar's Office. ====


=== Personal Protective Equipment ===
=== Procedure for the Inspection of Education Records ===
4.1.1 In compliance with the provisions of the following policy statement shall apply to personal protective equipment.
The Registrar's Office is designated by the University as the official custodian of education records.


4.1.2 The State of North Carolina as an employer will furnish, at no cost to the employee, certain personal protective equipment required by the job. Included in this policy is the "General Personal Protective Equipment Guide" as established by the North Carolina Department of Labor. The State's policy in providing this equipment is noted in each equipment category.
A student should submit to the Registrar's Office a written request which identifies as precisely as possible the record or records he or she wishes to inspect.


=== Employees Whose Physical Conditions Necessitate Special Personal Protective Equipment ===
The Registrar's Office will make the necessary arrangements for access and notify the student of the time and place where the records may be inspected. Access will be given in forty-five (45) days or less from the date of the request.


4.2.1 Personal Protective Equipment ("PPE") must be used at all times when employees are exposed to workplace hazards requiring the use of PPE, as evidenced by hazard assessments of their work areas. If an employee who is required to wear PPE has a chronic physical condition that requires custom designed and constructed PPE, as certified in writing by the employee's health care provider, that employee should present the health care provider's certification to his/her supervisor in return for authorization to obtain such custom-made PPE at the University's expense. Employee custom-made or specially designed PPE must meet current applicable American National Standards Institute ("ANSI") standards, as prescribed by NCOSHA.
When a record contains information about more than one student, the student may inspect and review only that portion of the record which pertains directly to him or her.


4.2.2 The University reserves the right to identify and use designated vendors/suppliers in providing custom-made PPE for employees whose condition requires such PPE.
=== Limitations on the Student's Right of Access ===


=== Employee Owned Equipment ===
Appalachian State University will refuse access by the student to the following education records:


4.3.1 Where University employees provide their own protective equipment, as authorized by their supervisors, the equipment must meet all applicable rules, procedures, standards, codes, and regulations specified in this section.
==== A financial record submitted by the student's parents. ====
==== Letters and statements of recommendation for which the student has waived his or her right of access (when used only for their intended purpose), or which were maintained before January 1, 1975. ====
==== Records connected with an application to attend Appalachian State University if that application was denied. ====
==== Those records which are excluded from the FERPA definition of education records. ====


=== Training ===
=== Refusal to Provide Copies of Education Records ===


4.4.1 Supervisors will provide training to each employee who is required to use PPE. Each employee will be trained in the following areas:
Appalachian State University may decline a student's request for a copy of his or her education records if the student has an unpaid financial obligation to the University. (Note: It is not the intent of this policy to deny the student access to his or her education records--the right to inspect and review education records is mandated by FERPA unconditionally. It is merely a statement of the condition under which the University will not provide a copy of the student's education records.)
#When PPE use is necessary,
#What PPE is necessary,
#How to properly apply, remove, adjust and wear PPE,
#The limitations of PPE, and
#The proper care, maintenance, useful life and disposal pf PPE.


4.4.2 Note: Each employee shall demonstrate an understanding of the training and the ability to use PPE properly, before being allowed to perform work requiring the use of PPE.
=== Fees Charged for the Copying of Records ===


4.4.3 If the supervisor has reason to believe that any employee who has received prior training does not have the understanding and skill required to use specific PPE, the supervisor shall provide additional training to the identified employee. Circumstances where additional training is required, includes but are not limited to the following situations:
With the exception of an official academic transcript, Appalachian State University does not charge a fee for a copy of an education record. The charge for an official academic transcript is subject to change, and is governed by the schedule of fees in effect at the time of the request.
#Changes in the workplace, rendering previous training obsolete;
#Changes in the type of PPE to be used, rendering previous training obsolete; and
#Inadequacies in an identified employee's knowledge or use of assigned PPe indicates the employee has not retained the required understanding or skill.


4.4.4 The supervisor shall verify that each identified employee has received and understood the required training using a written documentation ( training record) that contains the name of each trained employee, specific training dates and the training subject.
=== Types and Locations of Education Records ===


=== General Personal Protective Equitment Guide ===
As previously noted, the Registrar's Office is designated as the official custodian of education records at Appalachian State University. All requests for inspection and review of education records, regardless of the nature of the record (i.e., academic, financial, etc.), should be directed to the Registrar's Office. Though not inclusive, the following list contains the primary categories of education records and their locations:
 
{| border="1"
{|border="1"
|'''Types'''
!|Equipment
|'''Responsible Officials/Locations'''
!|Funding
|-
!|Guide
|Admissions Records
|University Registrar
John E. Thomas Academic Support Services Building
|-
|-
|Eye Protection Safety Glasses ||100% State funded except that employees who wear prescription glasses pay for the cost of the exam ||As required to protect employee from eye hazards, such as optical radiation or glare when only frontal protection is required. Shaded or special purpose lenses may be required.  
|Academic Records
|University Registrar
John E. Thomas Academic Support Services Building
|-
|-
|Safety Glasses with side shields ||100% State funded except that employees who wear prescription glasses pay for the cost of the exam ||As required to protect employee from flying fragments, objects, large chips, particles, sand, dirt,etc. For severe exposure,add face-shield over safety glasses.  
|Financial Records
|Director, Office of Student Accounts
John E. Thomas Academic Support Services Building
|-
|-
|Goggles Chemical/Dust Nuisance ||100% State funded ||As reguired to protect employee from chemical splashes, mist, sprays or nuisance dust. For severe exposure, add face shield over gogles.
|Placement Records
|-
|Director, Career Development Center
|Welding Goggles-Indirect Ventilation ||100% State funded ||As required to protect employee against hazards of welding, cutting, and brazing operations.
John E. Thomas Academic Support Services Building
|-
|-  
|Cup Goggles - Direct Ventilation ||100% State funded ||As required to protect employee against eye hazards.  
|Academic Progress Records
|-
|Maintained by the Dean of the College/School and the chairperson of the academic department in which the student has formally declared his or her major. If the student has not declared a major, these records are maintained by the Director, Office of General Studies, D. D. Dougherty Building
|Cup Goggles - Indirect Ventilation ||100% State funded ||As required to protect employee against eye hazards
|-
|Welding Helmet ||100% State funded ||As required to protect employee against eye hazards of welding, cutting, and brazing operations.
|-
|Face Shield ||100% State funded ||As required to protect employee's eyes and face.
|-
|Hard Hat ||100% State funded ||As required to protect employee's head against impact and falling or flying objects. Class A - used in construction and general industry where there is no exposure to high voltage, electrical shock or burns. Class B - use to protect the head against high voltage electricity. Reference: ANSI-Z89.1-1986
|-
|Hard Hat Liners ||100% State funded ||As required to protect employee against the cold weather if hard hat is worn.  
|-
|-
|Respirators ||100% State funded ||As required to protect employee from airborne contaminants.
|Disciplinary Records
|Director, Office of Student Judicial Affairs
Plemmons Student Union
|-
|-
|Gloves ||100% State funded ||As required to protect employee from physical, biological, chemical, radiation, or electrical hazards. Gloves used for electrical protection must be marked as to class of equipment and whether or not they are ozone-resistant, and shall meet the (ASYM) D 120-87 Specification for Rubber Insulating Gloves.  
|Financial Aid Records
|Director, Office of Student Financial Aid
John E. Thomas Academic Support Services Building
|-
|-
|Coverall or Aprons Canvas ||100% State funded ||As required to protect employee from contact with hazardous substances when canvas provides adequate protection.  
|Campus Housing Records
|Director, Office of Residence Life
John E. Thomas Academic Support Services Building
|-
|-
|Non-Porous (Plastic/Rubber) ||100 % State funded ||As required to protect employee from contact with hazardous substance when plastic or rubber is needed to provide adequate protection.
|Extra-Curricular Records
|Director, Center for Student Involvement and Leadership
Plemmons Student Union
|-
|-
|Leather or Other Flame Resistant Material ||100% State funded ||As required to protect employee from hazardous substances when leather is needed to provide adequate protection and when leather or other flame-resistant material is required to protect employee from fire hazards.
|Records of Students as Athletes
|-
|Director, Office of Athletic Media Relations
|Body Protection - Personal protective footies, vest, aprons, coats, pants, coverallls and suits in a range of suitable materials and sizes||100% State funded ||As required to protect employee against biological, radiation, physical, or chemical hazards. Base selection on information in the workplace hazards control program. Reference: Appropriate OSHA-NC standard(s) purchase request.
Broome-Kirk Gymnasium
|-
|Foot Protection Safety Shoes ||State funds for on pair per year, cost not to exceed dollar amount established by the Office of State Budget and Management, which includes inflationary cost increase. (See Safety Procedures for more information) ||As required to protect employee working in areas where there is a danger of foot injuries due to falling or rolling objects piercing the sole or where protection is needed against electrical hazards. In general, does not apply to office employees. NOTE: Protective footwear purchased shall comply with ANSI Z41-1991, "American National Standard for Personal Protection-Protective Footwear." (See Foot Protection Section For More Information).
|-
|Rubber and Specialized Safety Boots ||100% State funded ||As required to keep employee's feet dry when employee routinely works in wet locations such as flooded ditches and to protect from electrical hazards or other hazards requiring specialized safety boots.
|-
|Safety Belts, Harnesses and Life Lines ||100% State funded ||As required to protect employees from falling while working at elevated (10ft. or greater) locations not protected by standard guardrails or safety nets or as required when working in confined spaces.
|-
|Safety Nets ||100% State funded ||As required to protect employees working over 25 feet above ground or water surface where other protective devices are impractical and conventional fall protection system cannot practically be made use of.
|-
|Ear Protection ||100% State funded ||As required to protect employee against hearing loss due to noise.
|-
|Life Ring ||100% State funded ||As required to protect employee from drowning
|-
|Life Jacket (flotation vest) ||100% State funded ||As required for employees working over or near water where the danger of drowning exists.
|}
|}


Per Office of State Personnel
=== Disclosure of Education Records ===
Appalachian State University will disclose information from a student's education records only with the explicit written consent of the student, except that records may be disclosed without such consent when the disclosure is:
 
==== To Appalachian State University officials who have a legitimate educational interest in the records. An Appalachian State University official is: ====
===== a person employed by the University in an administrative, supervisory, academic, research or support staff position, including health and medical staff. =====
===== a person employed by or under contract to Appalachian State University to perform a special task such as an attorney or auditor. =====
===== a student serving on an official committee, such as a disciplinary or grievance committee, or who is assisting another school official in performing employment tasks. =====
===== a person who is employed by Appalachian State University's Office of Public Safety/University Police. =====
===== a member of the Appalachian State University Board of Trustees, acting in his or her official capacity. =====
===== a representative of the General Administration of the University of North Carolina, acting in his or her official capacity. =====
===== a member of the Board of Governors of the University of North Carolina, acting in his or her official capacity. =====
 
An Appalachian State University school official has a legitimate educational interest if that official is:


Respiratory Protection
===== performing a task that is specified in his or her position description or contract agreement. =====
===== performing a task related to a student's education. =====
===== performing a task related to the discipline of a student. =====
===== providing a service or benefit relating to the student or student's family, including, but no limited to, healthcare, counseling, job placement, or financial aid.=====
===== maintaining the safety and security of the campus. =====


Numerous NCOSHA regulations exist for use of respiratory protective equipment by campus employees. The ASU Respiratory Protection program is contained in Policy 11.
==== To officials of another educational institution in which the student seeks admission or intends to enroll, upon request by that institution. ====
==== To certain officials of the U. S. Department of Education, the Comptroller General, and state and local educational authorities, in connection with an audit or evaluation of certain state or federally supported education programs, or for compliance with the legal requirements of such programs. ====
==== In connection with a student's request for or receipt of financial aid -- i.e., in order to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid. ====
==== To State and local officials or authorities if specifically required by a North Carolina law in effect on or before November 19, 1974. ====
==== To organizations conducting certain studies for, or on behalf of, educational institutions (under conditions set forth in 34 C.F.R. 99.31[6]). ====
==== To accrediting organizations for the purpose of enabling them to carry out their functions. ====
==== To the parents of a student when the parents claim the student as a dependent for federal income tax purposes. ====
==== To comply with a judicial order or a lawfully issued subpoena. ====
==== To appropriate parties when necessary to protect the health or safety of the student or other individuals. ====
==== To individuals or organizations requesting "Directory Information" so designated by Appalachian State University. ====
==== The result of a disciplinary proceeding conducted by Appalachian State University against an alleged perpetrator of a "crime of violence" (as that term is defined in 18 U.S.C. 16) with respect to that crime of violence. The result may be disclosed only to the alleged victim of the crime and may be disclosed without the consent of the alleged perpetrator of the crime. ====
==== To an individual or organization requesting information about a deceased student. (Note: Under common law, the privacy rights of an individual cease with the death of that individual.) ====
==== A person or entity with a capability needed but not possessed by the University or its contractors and employed by such contractors with the consent of the University or otherwise authorized to perform a specific task involving University records or operations. ====


=== Foot Protection ===
=== Record of Requests for Disclosure ===
With the exceptions of (1) a request from a University official deemed to have a legitimate educational interest, and (2) a request for "Directory Information," Appalachian State University will maintain as part of the education record all written requests for and/or disclosures of information from a student's education records. This record will indicate the name of the party making the request, any additional party to whom it may be redisclosed, and the legitimate interest each party had in requesting or obtaining the information. (NOTE: With the exception of "Directory Information," any personal information from education records will be disclosed only on the condition that the recipient will not permit access to such information by a third party without the written permission of the student.)


4.6.1 Steel toed protective footwear must comply with the most current ANSI standard for protective footwear, that provides impact and compression protection, and can include puncture protection, metatarsal protection or electrical conductive/insulating protection. Impact protection would be required for carrying or handling packages, objects, parts or heavy tools which could be dropped or where objects might fall on the feet. Compression protection would be required when working with the aid of skid trucks, hand trucks or other equipment moving devices around bulk rolls or around heavy pipes that could roll over on employee's feet. Puncture protection would be required when sharp objects such as nails, tacks, screws, large staples, scrap metal, etc., could be stepped on by employees.
=== Directory Information ===
Appalachian State University designates the following items as Directory Information: the student's name; local telephone listing; University Post Office box number; E-mail address; academic classification; enrollment status during a particular academic term (i.e., full-time or part-time); field(s) of study; dates of attendance; degrees, honors and awards received; participation in officially recognized activities and sports; weight, height, athletic statistics and photographic representations of members of athletic teams. The University will disclose any of these items without prior consent, unless instructed by the student in writing to the contrary. (Note: For "Directory Information" to be withheld, the student must submit a written request to the Registrar's Office. To be effective during a particular academic term, the request must be submitted by the date specified in the published Schedule of Classes for that academic term.)


4.6.2 One pair of steel toed shoes will be provided by the University for each covered employee (See Acquiring Safety Shoes for more information). Certain Categories are known to need steel toed safety shoes and are listed below (NOTE: This is NOT a complete listing):
=== Procedure for the Correction of Education Records ===
If a student believes that the education record is inaccurate, misleading, or otherwise in violation of his or her privacy rights, the student has the right to request that the record be corrected. Procedures for the correction of an education record at Appalachian State University are a follows:


4.6.3 For additional information, contact your supervisor or the Occupational Safety and Health Office.
==== A student must contact the Registrar's Office, in writing, asking that a record be amended. In so doing, the student should clearly identify the part of the record to be amended and specify why the student believes it to be inaccurate, misleading, or otherwise in violation of the student's rights. ====
==== The University, represented by the Registrar's Office and, if applicable, in consultation with the office that maintains the record in question, will decide either to comply or to not comply. If the University decides to comply, it will amend the record and notify the student, in writing, that the record has been amended. If the University decides to not comply, it will notify the student of the decision and advise the student of his or her right to a hearing to challenge the information believed to be inaccurate, misleading, or otherwise in violation of the student's rights. ====
==== Upon receiving the student's written request, the University will arrange for a hearing and notify the student, in sufficient time, of the date, place, and time of the hearing. ====
==== The hearing will be conducted by a hearing officer who is a disinterested party; the hearing officer may, however, be an official of the University. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student's education record. Present at the hearing will be the hearing officer, the student, a representative of the Registrar's Office and , if applicable, a representative of the University office in which the education record is maintained. The student may be assisted by one or more individuals, including (at the student's expense) an attorney. ====
==== The hearing officer will prepare a written report which will include a recommendation to either comply or to not comply with the student's request. The report and recommendation will be based solely on the evidence presented at the hearing. The report will include a summary of the evidence presented and the reasons for the recommendation. The report will be transmitted to the Registrar's Office within ten (10) days of the hearing. ====
==== If the recommendation of the hearing officer is to comply with the student's request, i.e., the report finds that the education record is inaccurate, misleading, or otherwise in violation of the student's right, the University will amend the record and notify the student, in writing, that the record has been amended. ====
==== If the recommendation of the hearing officer is to not comply with the student's request, i.e., the report finds that the challenged information is not inaccurate, misleading, or otherwise in violation of the student's rights, the University will, in writing, so notify the student and inform the student that he or she has the right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision. ====
==== The student's statement will be maintained as part of his or her education record as long as the contested portion is maintained. If the University discloses the contested portion of the record, it will also disclose the student's statement. ====


{|border="1"
=== Procedure for Filing an Official Complaint ===
|'''Job Classification''' ||'''When Needed'''
|-
|Automobile mechanics, helpers ||At all times
|-
|Carpenters and helpers ||At all times
|-
|Dishwashers ||At all times
|-
|Electricians ||At all times
|-
|Faculty, Instructors ||When teaching involves heavy machinery or material lifting
|-
|Grounds Workers ||At all times
|-
|Housekeepers ||When lifting, maintenance, using heavy machinery
|-
|Laborers, Movers ||At all times
|-
|Locksmiths ||At all times
|-
|Machine operators ||At all times
|-
|Maintenance mechanics ||At all times
|-
|Maintenance workers ||At all times
|-
|Meat cutters ||At all times
|-
|Painters ||At all times
|-
|Plumbers ||At all times
|-
|Print Shop personnel ||At all times
|-
|Procurement personnel ||At all times
|-
|Roofers ||At all times
|-
|Safety & WC Office|| When lifting, in construction, maintenance, warehouse areas
|-
|Steam Plant personnel ||At all times
|-
|Truck drivers ||At all times
|-
|Warehouse personnel ||At all times
|-
|Welders ||At all times
|-
|Other Workers ||When lifting, performing maintenance, using heavy machinery, on construction sites
|}


=== Acquiring Safety Shoes ===
If the student believes that Appalachian State University is in error in its interpretation of FERPA, he or she may file a complaint with:
4.7.1 Employees who are required to wear steel toed safety shoes as determined by the results of a hazard assessment in their workplace may either acquire them through a vendor/shoemobile program set up annually by the Purchasing Department or purchase them from an outside vendor and be reimbursed. In the latter case, the employee must pay the full amount (cost) at the time of purchase. Return the signed receipt, marked "Paid in Full" to the department for processing, reimbursement purposes. Departments must intially complete a procurement request or small check request (with budget code and attached list of employees authorized to purchase steel toed safety shoes). Forward the completed procurement request and attached list to Purchasing Department. Forward the completed small check request and attached list to the Payroll Department. A copy of the authorized steel toed safety shoe purchase list should also be forwarded to the Occupational Safety and Health Office. To complete processing an employee must:


#Return a copy of the paid, dated purchase receipt received from the outside vendor/shoemobile salesperson to the department. Note: Purchase amounts in excess of the state approved limit must be paid by the employee at the time of purchase. Departments should then forward copies of the employee returned receipts, marked "APPROVED FOR PAYMENT" to the Purchasing Department or to the Payroll Department to formally process department billing procedures OR
The Family Policy Compliance Office
#Have your department complete a procurement request and forward it to the Purchasing Department. Be sure to include budget code and attach copies of "PAID IN FULL" employee receipts to the procurement request, marked "REIMBURSEMENT TO (EMPLOYEE'S NAME) FOR PAYMENT OF SAFETY SHOES FROM (STORE NAME)."
U. S. Department of Education
600 Independence Avenue, SW
NOTE: The cost of reimbursement should not exceed the state approved limit per employee per fiscal year.
Washington, DC 20202-4605
Telephone Number: (202) 260-3887
FAX: (202) 260-9001


== Additional References ==
== Additional References ==
Line 195: Line 175:




== Original Effective Date ==
== Effective Date ==


== Revision Dates ==
== Revision Dates ==
 
Last modified 04/30/2009 01:57:08 PM by Matt McNaney
[[Category:Contents]]
[[Category:Public_Safety]]
[[Category:Environmental Health and Safety]]

Revision as of 19:15, 16 September 2011

Policy 105.3

Introduction

Appalachian State University endorses and seeks to comply with all provisions of the "Family Educational Rights and Privacy Act of 1974," as amended, and all pertinent regulations. The purpose of this legislation was and is to afford students certain rights with regard to their respective education records. In essence, these rights are: (1) the right to inspect and review education records, (2) the opportunity to challenge the contents of education records, and (3) the right to exercise some control over the disclosure of information from education records. The intent of this policy statement is to explain, in detail, the conditions and procedures under which the University will implement the law.

Scope

Definitions

Student

Any person who as an undergraduate or graduate student (1) is currently attending the University, or (2) has attended the University. (An exception: under common law, the privacy rights of an individual cease with the death of that individual.)

Education Records

Any record (in handwriting, print, tapes, film, computer, or other medium) maintained by Appalachian State University and which personally identifies a student, except :

A personal record kept by a University employee if it is kept in the sole possession of the maker of the record and is not accessible by or revealed to any other person except a temporary substitute for the maker of the record.

Records created and maintained by Appalachian State University's Office of Public Safety/University Police solely for law enforcement purposes.

An employment record of an individual whose employment is not contingent upon the fact that he or she is a student, provided that the record is used only in relation to the individual's employment.

Records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional when that person is acting in his or her professional or paraprofessional capacity, and if the records are used solely for treatment of the student and made available only to those persons providing the treatment.

Records which contain information about a student after he or she is no longer in attendance at Appalachian State University and which do not relate to the person as a student.

Policy and Procedure Statements

Notification of Student Rights Under FERPA

Students at Appalachian State University are notified of their FERPA rights, as follows:

An abstract of the student's rights under FERPA is found in Appalachian State University's General Bulletin and Graduate Bulletin.

An abstract of the student's rights under FERPA is found in the Schedule of Classes published by Appalachian State University and distributed prior to and during each academic term. (This notice shall include statements required under U. S. Department of Education regulations found at 34 C.F.R. 99.7.)

An abstract of the student's rights under FERPA is found in The Appalachian State University Student Handbook of Rights and Responsibilities (revised and published annually).

A complete statement of the University policy regarding FERPA is found in and can be obtained from the Registrar's Office.

Procedure for the Inspection of Education Records

The Registrar's Office is designated by the University as the official custodian of education records.

A student should submit to the Registrar's Office a written request which identifies as precisely as possible the record or records he or she wishes to inspect.

The Registrar's Office will make the necessary arrangements for access and notify the student of the time and place where the records may be inspected. Access will be given in forty-five (45) days or less from the date of the request.

When a record contains information about more than one student, the student may inspect and review only that portion of the record which pertains directly to him or her.

Limitations on the Student's Right of Access

Appalachian State University will refuse access by the student to the following education records:

A financial record submitted by the student's parents.

Letters and statements of recommendation for which the student has waived his or her right of access (when used only for their intended purpose), or which were maintained before January 1, 1975.

Records connected with an application to attend Appalachian State University if that application was denied.

Those records which are excluded from the FERPA definition of education records.

Refusal to Provide Copies of Education Records

Appalachian State University may decline a student's request for a copy of his or her education records if the student has an unpaid financial obligation to the University. (Note: It is not the intent of this policy to deny the student access to his or her education records--the right to inspect and review education records is mandated by FERPA unconditionally. It is merely a statement of the condition under which the University will not provide a copy of the student's education records.)

Fees Charged for the Copying of Records

With the exception of an official academic transcript, Appalachian State University does not charge a fee for a copy of an education record. The charge for an official academic transcript is subject to change, and is governed by the schedule of fees in effect at the time of the request.

Types and Locations of Education Records

As previously noted, the Registrar's Office is designated as the official custodian of education records at Appalachian State University. All requests for inspection and review of education records, regardless of the nature of the record (i.e., academic, financial, etc.), should be directed to the Registrar's Office. Though not inclusive, the following list contains the primary categories of education records and their locations:

Types Responsible Officials/Locations
Admissions Records University Registrar

John E. Thomas Academic Support Services Building

Academic Records University Registrar

John E. Thomas Academic Support Services Building

Financial Records Director, Office of Student Accounts

John E. Thomas Academic Support Services Building

Placement Records Director, Career Development Center

John E. Thomas Academic Support Services Building

Academic Progress Records Maintained by the Dean of the College/School and the chairperson of the academic department in which the student has formally declared his or her major. If the student has not declared a major, these records are maintained by the Director, Office of General Studies, D. D. Dougherty Building
Disciplinary Records Director, Office of Student Judicial Affairs

Plemmons Student Union

Financial Aid Records Director, Office of Student Financial Aid

John E. Thomas Academic Support Services Building

Campus Housing Records Director, Office of Residence Life

John E. Thomas Academic Support Services Building

Extra-Curricular Records Director, Center for Student Involvement and Leadership

Plemmons Student Union

Records of Students as Athletes Director, Office of Athletic Media Relations

Broome-Kirk Gymnasium

Disclosure of Education Records

Appalachian State University will disclose information from a student's education records only with the explicit written consent of the student, except that records may be disclosed without such consent when the disclosure is:

To Appalachian State University officials who have a legitimate educational interest in the records. An Appalachian State University official is:

a person employed by the University in an administrative, supervisory, academic, research or support staff position, including health and medical staff.
a person employed by or under contract to Appalachian State University to perform a special task such as an attorney or auditor.
a student serving on an official committee, such as a disciplinary or grievance committee, or who is assisting another school official in performing employment tasks.
a person who is employed by Appalachian State University's Office of Public Safety/University Police.
a member of the Appalachian State University Board of Trustees, acting in his or her official capacity.
a representative of the General Administration of the University of North Carolina, acting in his or her official capacity.
a member of the Board of Governors of the University of North Carolina, acting in his or her official capacity.

An Appalachian State University school official has a legitimate educational interest if that official is:

performing a task that is specified in his or her position description or contract agreement.
performing a task related to a student's education.
performing a task related to the discipline of a student.
providing a service or benefit relating to the student or student's family, including, but no limited to, healthcare, counseling, job placement, or financial aid.
maintaining the safety and security of the campus.

To officials of another educational institution in which the student seeks admission or intends to enroll, upon request by that institution.

To certain officials of the U. S. Department of Education, the Comptroller General, and state and local educational authorities, in connection with an audit or evaluation of certain state or federally supported education programs, or for compliance with the legal requirements of such programs.

In connection with a student's request for or receipt of financial aid -- i.e., in order to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid.

To State and local officials or authorities if specifically required by a North Carolina law in effect on or before November 19, 1974.

To organizations conducting certain studies for, or on behalf of, educational institutions (under conditions set forth in 34 C.F.R. 99.31[6]).

To accrediting organizations for the purpose of enabling them to carry out their functions.

To the parents of a student when the parents claim the student as a dependent for federal income tax purposes.

To comply with a judicial order or a lawfully issued subpoena.

To appropriate parties when necessary to protect the health or safety of the student or other individuals.

To individuals or organizations requesting "Directory Information" so designated by Appalachian State University.

The result of a disciplinary proceeding conducted by Appalachian State University against an alleged perpetrator of a "crime of violence" (as that term is defined in 18 U.S.C. 16) with respect to that crime of violence. The result may be disclosed only to the alleged victim of the crime and may be disclosed without the consent of the alleged perpetrator of the crime.

To an individual or organization requesting information about a deceased student. (Note: Under common law, the privacy rights of an individual cease with the death of that individual.)

A person or entity with a capability needed but not possessed by the University or its contractors and employed by such contractors with the consent of the University or otherwise authorized to perform a specific task involving University records or operations.

Record of Requests for Disclosure

With the exceptions of (1) a request from a University official deemed to have a legitimate educational interest, and (2) a request for "Directory Information," Appalachian State University will maintain as part of the education record all written requests for and/or disclosures of information from a student's education records. This record will indicate the name of the party making the request, any additional party to whom it may be redisclosed, and the legitimate interest each party had in requesting or obtaining the information. (NOTE: With the exception of "Directory Information," any personal information from education records will be disclosed only on the condition that the recipient will not permit access to such information by a third party without the written permission of the student.)

Directory Information

Appalachian State University designates the following items as Directory Information: the student's name; local telephone listing; University Post Office box number; E-mail address; academic classification; enrollment status during a particular academic term (i.e., full-time or part-time); field(s) of study; dates of attendance; degrees, honors and awards received; participation in officially recognized activities and sports; weight, height, athletic statistics and photographic representations of members of athletic teams. The University will disclose any of these items without prior consent, unless instructed by the student in writing to the contrary. (Note: For "Directory Information" to be withheld, the student must submit a written request to the Registrar's Office. To be effective during a particular academic term, the request must be submitted by the date specified in the published Schedule of Classes for that academic term.)

Procedure for the Correction of Education Records

If a student believes that the education record is inaccurate, misleading, or otherwise in violation of his or her privacy rights, the student has the right to request that the record be corrected. Procedures for the correction of an education record at Appalachian State University are a follows:

A student must contact the Registrar's Office, in writing, asking that a record be amended. In so doing, the student should clearly identify the part of the record to be amended and specify why the student believes it to be inaccurate, misleading, or otherwise in violation of the student's rights.

The University, represented by the Registrar's Office and, if applicable, in consultation with the office that maintains the record in question, will decide either to comply or to not comply. If the University decides to comply, it will amend the record and notify the student, in writing, that the record has been amended. If the University decides to not comply, it will notify the student of the decision and advise the student of his or her right to a hearing to challenge the information believed to be inaccurate, misleading, or otherwise in violation of the student's rights.

Upon receiving the student's written request, the University will arrange for a hearing and notify the student, in sufficient time, of the date, place, and time of the hearing.

The hearing will be conducted by a hearing officer who is a disinterested party; the hearing officer may, however, be an official of the University. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student's education record. Present at the hearing will be the hearing officer, the student, a representative of the Registrar's Office and , if applicable, a representative of the University office in which the education record is maintained. The student may be assisted by one or more individuals, including (at the student's expense) an attorney.

The hearing officer will prepare a written report which will include a recommendation to either comply or to not comply with the student's request. The report and recommendation will be based solely on the evidence presented at the hearing. The report will include a summary of the evidence presented and the reasons for the recommendation. The report will be transmitted to the Registrar's Office within ten (10) days of the hearing.

If the recommendation of the hearing officer is to comply with the student's request, i.e., the report finds that the education record is inaccurate, misleading, or otherwise in violation of the student's right, the University will amend the record and notify the student, in writing, that the record has been amended.

If the recommendation of the hearing officer is to not comply with the student's request, i.e., the report finds that the challenged information is not inaccurate, misleading, or otherwise in violation of the student's rights, the University will, in writing, so notify the student and inform the student that he or she has the right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.

The student's statement will be maintained as part of his or her education record as long as the contested portion is maintained. If the University discloses the contested portion of the record, it will also disclose the student's statement.

Procedure for Filing an Official Complaint

If the student believes that Appalachian State University is in error in its interpretation of FERPA, he or she may file a complaint with:

The Family Policy Compliance Office U. S. Department of Education 600 Independence Avenue, SW Washington, DC 20202-4605 Telephone Number: (202) 260-3887 FAX: (202) 260-9001

Additional References

Authority

Contact Information

Effective Date

Revision Dates

Last modified 04/30/2009 01:57:08 PM by Matt McNaney

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